The legalization and use of marijuana in the United States is a contentious issue. And rightfully so, considering that marijuana is currently listed as a Schedule I drug by the U.S. Drug Enforcement Agency (DEA), which is defined as a substance that has “no currently accepted medical use and a high potential for abuse.” Schedule I drugs are classified as the most dangerous substances and include heroin, LSD, ecstasy and peyote.

However, a growing percentage of the United States’ population is questioning the federal government’s classification and restrictions on marijuana, its medicinal uses and even its potential use as a legalized recreational drug that many argue is a safer alternative to alcohol consumption.

So why is there such a significant disparity between how people view the potential value and harm of marijuana? And how is the shifting sentiment toward the acceptance of marijuana—both the public’s perception and state legalization—coming full circle from when it was first being regulated and then prohibited federally?

In order to get a clear picture of the government’s position on marijuana, as well as the general public’s perception over the last century, we need to take a trip back in history.

Cannabis and Hemp Production Before 1900

Prior to the 20th century, the cannabis plant was commonly used for hemp production in the United States. This application consists of extracting the fiber from the cannabis plant stem to make items such as rope, paper and fabric. Due to hemp’s high crop yields and strong fibers, which were critical to making sails and rope for ships, colonial Americans were required to produce hemp by British decree.

Interestingly enough, both George Washington and Thomas Jefferson grew hemp crops and advocated for its commercial production. And during the American Revolution, hemp was an invaluable resource during the wartime efforts.

While hemp production continued throughout the 1800s, demand started to wain in the late 1800s as other materials were created and used in its place. In the mid-1800s, Americans also started to use marijuana for the effects produced from THC (tetrahydrocannabinol) as a medicinal aid.

At this point, cannabis—both hemp and marijuana—was legal in the United States. In fact, the only legislation related to marijuana was the Pure Food and Drug Act of 1906, which required the contents of over-the-counter products to be labeled as ingredients (i.e., marijuana was required to be listed as an ingredient if used in a product).

Marijuana Regulation Begins With the States

At the beginning of the 20th century, America was dealing with a high portion of its population abusing opiates and alcohol. This helped push renewed efforts from the temperance movement. While the main focus of temperance was alcohol, states and the U.S. government were beginning to regulate and ban other substances as well.

At the federal level, the U.S. government passed The Harrison Narcotics Act of 1914. However, the Act was primarily targeting opiate abuse and addiction, such as morphine, by requiring those substances to be regulated and only used when prescribed by a doctor. This did not directly affect marijuana, and the federal government left regulation mostly to the states at this time.

At the state level, ironically enough, California led the charge to ban marijuana when it passed an amendment that prohibited the substance in 1913. California was leading an aggressive anti-narcotics campaign spurred primarily by anti-Chinese immigrant sentiment and their use of opium. In 1875, California passed the first anti-narcotics law in the U.S., which effectively banned opium dens in the State.

In 1907, nearly a decade before the federal Harrison Act, California also passed an amendment that prohibited the sale of opium, morphine and cocaine except through a doctor’s prescription. Due to prevailing politics in the State, as well as prejudice against incoming East Indian and Mexican immigrants who used marijuana, marijuana fell into California legislators’ crosshairs as a substance to ban.

California started the trend of marijuana prohibition and other states followed suit. By the 1930s, 30 states had outlawed marijuana. And while the states were regulating marijuana on their own, the federal government had taken notice.

Federal Prohibition: Sensational Media, Immigrants and Politics

America’s knowledge of marijuana was fairly limited in the early 1900s. Many people believed that it was a drug similar to morphine or heroin, which were being targeted for prohibition, and that it was primarily used by immigrants.

Drug abuse and immigration were contentious issues at the time that did not help marijuana’s perception among Americans. This negative perception, which was caused by media and government publicity of marijuana and its “effects” on users, created fear throughout America.

Americans routinely saw newspaper headlines that included:

• Mexico Bans Marihuana to Stamp Out Drug Plant Which Crazes Its Addicts (New York Times)
• Kills Six in a Hospital; Mexican, Crazed by Marihuana, Runs Amuck with Butcher Knife (New York Times)
• Marihuana Makes Fiends of Boys in 30 Days; Hasheesh Goads Users to Blood-Lust (San Francisco Examiner)
• Use of Narcotics Laid to Mrs. Sohl, Counsel Says She Was Victim of ‘Marihuana Madness’ When Barhorst Was Slain (New York Times)
• Mother Sacrifices Children, Home, Reputation for Dope (San Francisco Examiner)

Marijuana propaganda movies in the 1930s also portrayed cannabis as an evil drug that made users violent and sex-crazed. Some notable films include Reefer Madness, Marihuana and Assassin of Youth.

In the 1930s, the federal government began pursuing the prohibition of marijuana. It was led by Harry Jacob Anslinger, who was the head of the U.S. Treasury Department’s Narcotics Bureau from 1930-1962.

In congressional hearings about marijuana, Anslinger would talk about the violent and terrorizing crimes that occurred due to marijuana use, and he even testified that a single marijuana cigarette could induce a “homicidal mania.” He also published an article in American Magazine  titled “Marijuana, Assassin of Youth” and helped pass the first prohibitive law, The Marihuana Tax Act of 1937.

The War on Drugs in America

The federal government continued its effort to prohibit and criminalize marijuana. The Boggs Act (1952) and Narcotics Control Act (1956) created some basic mandatory sentences for drug-related offenses. And even with an increase in use and some efforts to decriminalize marijuana starting in the 1960s, marijuana remained as contentious an issue as ever.

After Richard Nixon came to office, he targeted America’s public enemy number one: drug abuse. During his tenure, the Comprehensive Drug Abuse Prevention and Controlled Substance Act (1970), which helped categorize drugs into one of five schedules, was passed and the Drug Enforcement Agency (DEA) was created. Marijuana was listed as a Schedule I drug.

The Schedule I designation remained after Nixon—who requested the report on marijuana—rejected the 1972 findings from the National Commission on Marihuana and Drug Abuse, which recommended that cannabis prohibition end and that simple possession should be decriminalized.

Ronald Reagan renewed the war on drugs, including marijuana, with the Anti-Drug Abuse Act (1986). In part, the Act reestablished stringent mandatory minimum sentences for drug-related offenses and authorized significant funding to combat the war on drugs.

An amendment in 1988 created a “three strikes and you’re out” life prison sentence for repeat drug offenders. Nancy Reagan also joined in the anti-drug campaign with the infamous “Just Say No” national campaign.

The war on drugs continued to be aggressively targeted by future presidents, such as George H.W. Bush and George W. Bush, and marijuana remained stigmatized for many years. However, America’s perception of marijuana and its effects are changing as people become more aware of it, including several past presidents who have admitted to using it.

Coming Full Circle: The Slow Process of Legalization

Similar to the origins of marijuana prohibition, legalization is a slow process that is being spearheaded by the states.

California—the first state to prohibit marijuana—was the first state to enact and legalize medical marijuana use (1996). Since 1996, 28 other states and Washington, D.C. have approved medical marijuana use. In 2012, Colorado and Washington approved recreational marijuana use. Since 2012, six other states have approved recreational marijuana use, including California.

The DEA and U.S. government still list marijuana as a Schedule I drug. However, the federal government typically takes its time when making changes to national policy. Under the Obama Administration, the Department of Justice (DOJ) conceded some authority for states to legalize marijuana. While this may change, it is a stepping stone for the future federal legalization of marijuana.

It will likely be some time before marijuana is legalized at the federal level, but it is inevitable. Public opinion is changing rapidly. In a 2016 Gallup poll, 60% of Americans supported the legalization of marijuana.

Source: http://www.gallup.com/poll/196550/support-legal-marijuana.aspx

As states continue their push toward marijuana legalization for medical and recreational use, the federal government will eventually move to legalize it nationally—as well as reap the benefits of taxing it. The only question now is when?